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I recently built an exit intent popup that provides users with a coupon if they provide their e-mail address. Then I found out that a company, BounceExchange, already has a granted patent on this type of behavior.

The patent link is here: http://www.google.com/patents/US8645212

My question is, am I infringing on their patent? It seems crazy that something that has been done for ages has been patented..

What about these other sites: 1. exitmonitor.com 2. picreel.com 3. getrooster.com

Are they also infringing on that patent?

  • It's really hard (one might say impossible) for us to determine whether you're infringing something. You'd probably have more luck phrasing your question to ask what that patent is actually claiming, so that you can decide whether you feel it infringes. That's partially because we can't possibly know everything you're doing, but more to the point, it would be up to courts to determine whether it "counts," and we can't really speak on their behalf. – Matthew Haugen Feb 28 '15 at 0:06
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IANAPL etc., and I haven't read through the patent that you refer to, But I have read the abstract and found this:

Upon detection of an intent to leave the webpage, an advertisement may be displayed to a user. The advertisement may be targeted to the user and/or based on the content the user was viewing on the webpage.

What I think may be significant here is that the patent is talking about displaying advertising when the users' exit intent is detected. Skim reading through more of the linked patent it seems that displaying advertising is the main concern of the patent.

Looking at drawing 6 of the patent "display advertisement" seems to me to be the object of the exercise.

As you are not displaying advertising when you detect an exit intent, you are not infringing, in my opinion.

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Determining infringement is best done with the assistance of a trusted patent attorney. This analysis comprises comparing the claims of the issued patent in question to the product and/or activities being performed.

As Matthew correctly points out, it's impossible to say whether there might be infringement without knowing the details of what you (or these other companies) are doing and then making a comparison to the claims of this patent. Plus, such an analysis is out of the scope of what is possible in this forum.

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